    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book III)]
    [December 23, 2004]
    [Pages 3138-3139]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Comprehensive Peace in Sudan Act of 2004
    December 23, 2004

        Today, I have signed into law S. 2781, the ``Comprehensive Peace in
    Sudan Act of 2004'' (the ``Act''). The Act is intended to help resolve
    conflict, reduce human suffering, and encourage freedom and democracy.
        Section 6 of the Act includes provisions that, if construed as
    mandatory, would impermissibly interfere with the President's exercise
    of his constitutional authorities to conduct the Nation's foreign
    affairs, participate in international negotiations, and supervise the
    unitary executive branch. Section 6(a), for example, appears to require
    the President to implement the measures set forth in section 6(b)(2) of
    the earlier Sudan Peace Act (Public Law 107-245), which purports to
    direct or burden the conduct of negotiations by the executive branch
    with foreign governments, international financial institutions, and the
    United Nations Security Council. When necessary to avoid such
    unconstitutional interference, the executive branch shall construe the
    provisions of section 6 as advisory.
        The executive branch shall construe provisions in the Act that
    mandate submission of information to the Congress, or the public, in a
    manner consistent with the President's constitutional authority to
    supervise the unitary executive branch and to withhold information that
    could impair foreign relations, national security, the deliberative
    processes of the Executive, or the performance of the Executive's
    constitutional duties. Such provisions include sections 8 and 12 of the
    Sudan Peace Act as amended by section 5 of the Act.
        Provisions of the Act define a particular entity as the ``Government
    of Sudan'' for purposes of implementing the Act and section 12 of the
    Sudan Peace Act (Public Law 107-245). The executive branch shall
    construe the provisions in a manner consistent with the President's
    constitutional authority for the United States to recognize foreign
    states and to determine what constitutes the governments of such foreign
    states.

                                                              George W. Bush

     The White House,

     December 23, 2004.

    [[Page 3139]]

    Note: S. 2781, approved December 23, was assigned Public Law No. 108-
    497.